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Suo Moto v. State of Rajasthan

Pays/Territoire
Inde
Type de cour
Nationale - cour supérieure
Date
Oct 20, 2004
Source
UNEP, InforMEA
Nom du tribunal
Rajasthan High Court
Siège de la cour
Jodhpur
Juge
Anil Dev Singh C.J.
Numéro de référence
This case was concerned with a petition filed by the Smoke Affected Residents’ Forum. They sought directions from the Court for measures to control and reduce vehicle emissions in Mumbai. In particular, these directions meant to include the availability o
Langue
Anglais
Sujet
Déchets et substances dangereuses, Eau
Résumé

This case was concerned with a number of suo moto orders issued by the Rajasthan High Court to the local authorities. The city of Jaipur had problems with large amounts of trash, open sewage and polluted water and this meant to order the authorities to clean-up, restore and maintain the city.

The Court held that municipal bodies needed to ensure the right to life under Article 21 of the Constitution which included the right to a decent environment and the right to live in a clean city.

Lack of sufficient funds could not be seen as an excuse for the authorities to avoid fulfilling their obligations.

Furthermore, the High Court noted that the State should protect the environment and regulate activities degrading it as well as provide work opportunities and shelter in rural areas in order to combat rural-urban migration.

The Court issued directions to the State including directions to plan a waste-management strategy  for effective waste disposal and collection, to build night shelters for homeless people and to educate the public on hygiene, environmental protection and respecting the law.

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